Legal Question in Wills and Trusts in New York

Re: house left in will

Yes, it appears that the Will must be "probated."

You should not be overly concerned about the probate process. This process simply involves petitioning the court to declare the Will valid. This is usually a fairly straightforward process.

If you need assistance, please feel free to contact me.

Re: house left in will

I agree with John and Debra, as the transfer of the house requires someone with authority to sign a Deed, and that someone must be appointed as part of the probate process. Who is named as Executor? While the probate process is necessary, there is more to the process than just signing a Deed. By way of illustration, the Executor must not only handle your bequest, but the appointment requires much more, like carrying out other obligation of the office, such as paying bills, filing necessary tax returns (income, estate and/or inheritance), seeing that all other assets are properly attended to and distributed to the people getting them, and the like. If estate or inheritance taxes are involved, they could impact on the house you are to receive. So, while you may believe it is not necessary, it is mandatory. The house is just part of the estate to be administrated.

Re: house left in will

Yes. An Executor needs to be appointed by the Surrogate court (designated in the will) so that an executor's deed can be signed conveying property to the 2 nieces. I am assuming the nieces are over 18 yrs of age.

The nieces need to decide how to take title. Joint tenants with right of survivorship or Tenants in common.